The Rule in Wilkinson v Downton
Wilkinson v Downton
D will be liable for any wilful act calculated to cause physical harm to C.
- liable when you give false information knowing its untrue and would cause physical damage.
- include verbal, intentional’ indirect infliction.
case fact:
- D played prank on C claiming husband injured - caused C to have nervous shock.
The Rule in Wilkinson v Downton
Janvier v Sweeney
Bush
Wong
Wainwright
Janvier:
- C nervous shock after learning she was accused of working as a German spy.
Bush: Injunction on this for Ex making threaten calls
Wong: rule doesn’t apply where work mates as unfriendly and rude.
wainwright: prison officer conduct strip search, C claimed PTSD but failed because officer was doing him job but sloppy with it.
The Rule in Wilkinson v Downton
O v Rhodes
3 elements to wilkinson
- Conduct: words/action no reasonable justification for
- mental: prove intent. 1. wilfully interred to cause injury.2. deliberately acting in way that could cause harm.
- consequence: C has to have suffered physical/psychiatric harm.
case facts: D wanted to write memoir, C was son, mum claimed it would cause him psyc harm.
